R.Anandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Anandan

...Petitioner

Vs

1. The District Collector, Coimbatore District, Coimbatore - 641 018.

2. The Tahsildar, Sulur Taluk, Sulur, Coimbatore District.

3. The Special Tahsildar, (Land Acquisition), Adi Dravidar Welfare, Coimbatore

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent herein to rectify the mistake in the computerised patta pertaining to the lands of the petitioner in S.F.No.354/2 situate at Moppiripalayam Village, Sulur Taluk, Coimbatore District..

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For Petitioner : Mr.K.Govi Ganesan For Respondents : Ms.Akila Rajendran Government Advocate

ORDER

By consent of both the parties, the main writ petition has been taken up for final disposal.

2. The petitioner herein had given a representation to the respondents on 18.06.2022 seeking for a direction to rectify the mistake in the computerised patta pertaining to his lands in S.F.No.354/2 situate at Moppiripalayam Village, Sulur Taluk, Coimbatore District. Since the said representation was not considered, the present writ petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the 2/4

Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 18.06.2022 on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the second respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

07.03.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J.

sr To

1. The District Collector, Coimbatore District, Coimbatore - 641 018.

2. The Tahsildar, Sulur Taluk, Sulur, Coimbatore District.

3. The Special Tahsildar, (Land Acquisition), Adi Dravidar Welfare, Coimbatore 07.03.2023 4/4